HomeMy WebLinkAboutRES CC 2018 3747 2018 0919 RESOLUTION NO. 2018-3747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN RECORDS (EXPIRED EMPLOYEE AUTOMOBILE
CERTIFICATES OF INSURANCE) ON FILE IN THE ADMINISTRATIVE
SERVICES DEPARTMENT
WHEREAS, Government Code Section 34090 authorizes the head of a City
department to destroy City records with the approval of the legislative body by
resolution and written consent of the City Attorney after the records are no longer
required to be retained, unless another law imposes a different process; and
WHEREAS, Government Code Section 34090 does not authorize the
destruction of: (a) Records affecting the title to real property or liens thereon; (b) Court
records; (c) Records required to be kept by statute; (d) Records less than two years old;
or(e) The minutes, ordinances, or resolutions of the legislative body or of a city board or
commission; and
WHEREAS, the approved City of Moorpark Records Retention Schedule and
the California Local Government Records Management Guidelines (CLGRMG) do not
specifically provide the retention period for Expired Employee Automobile Certificates of
Insurance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the records set forth in Exhibit "A",
attached hereto, are older than the applicable retention period required by state law
(Government Code Section 34090). Further, the City Council finds the records
proposed for destruction are older than any other recommended retention periods and
are not currently subject to a legal hold that would otherwise prohibit their destruction.
SECTION 2. The City Council further finds that the records do not affect title
to real property or liens thereon, are not court records, are not minutes, ordinances or
resolutions of the City Council or any board or commission of the City; and are not
records required to be kept by statute.
SECTION 3. "Legal Hold", as used herein, refers to the duty of the City to
preserve and not destroy any records that are potentially relevant to any of the following
in which the City may be involved: a reasonably anticipated claim or litigation; an
ongoing claim or litigation; a pending employee grievance; a pending regulatory or
governmental investigation; a pending subpoena; a pending Public Records Act
request, a pending audit, or similar legal matter. Any records subject to a Legal Hold
must be preserved in all forms in which the record exists, including both paper and
electronic formats.
Resolution No. 2018-3747
Page 2
SECTION 4. The City Council also finds that the City Attorney, Administrative
Services Department Director, and the City Clerk have given written consent to the
destruction of said records, as shown in Exhibit "A".
SECTION 5. The City Council hereby authorizes the destruction of, and
authorizes the City Clerk to destroy, the city records listed in Exhibit "A".
SECTION 6. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 19th day of September, 2018.
Ja ice S. Parvin, Mayor
ATTEST:
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Maureen Benson, City Clerk
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Attachment: Exhibit "A" �� �
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Resolution No. 2018-3747
Page 3
EXHIBIT "A"
CONSENT FOR RECORDS DESTRUCTION
California Government(GC) Code, Section 34090,
California Local Government Records Management Guidelines (CLGRMG) and
City of Moorpark Records Retention Schedule(MRRS)
DESCRIPTION DATES OF CLGRMG CITATION
RECORDS RETENTION (For longest
TO BE RECOMMENDATION retention period)
DESTROYED
Expired Employee Automobile 2015 & Prior Closed + 2 Years CLGRMG
Certificates of Insurance (GC 34090; and
GC 25105.5)
Consent to Destruction: �l--,---__
Maureen Benson, City Clerk
Department Head Authorization: I certify that the records on the above list are no longer
required, are eligible for destruction, and do not have to be retained based upon any
record retention requirements imposed by any statute or law, or pursuant to a grant
received by the City or a bond issued by the City, and are not related to or potentially
relevant to any of the following in which the City may be involved: a reasonably
anticipated claim or litigation, an ongoing claim or litigation, a pending employee
grievance, a pending regulatory or governmental investigation, a pending subpoena, a
pending Public Records Act request, a pending audit, or similar legal matter. I
recommend that said records be destroyed.
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Deborah S. Traffenstedt, Administrative Services Director
Attorney Authorization: I do hereby certify that I am the City Attorney for the City of
Moorpark, I have reviewed the above list of records and based upon the representations
made herein by the department head, agree that the above-mentioned records are not
records required to be kept by statute or law, provided destruction thereof has been
approved by the City Council. My review has been limited to the descriptions contained
on the list and did not involve review of the actual records. Based on the foregoing, I
consent to the destruction of the ab/ove-mentioned records.
Kevin Ennis, City Attorney
Resolution No. 2018-3747
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2018-3747 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
19th day of September, 2018, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 21st day of September,
2018.
Maureen Benson, City Clerk
(seal)
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